An operating while intoxicated (OWI) offense can lead to major consequences. What Indiana calls an OWI goes by many names in this and other states, including driving under the influence (DUI) and driving while intoxicated (DWI) offenses.
Unlike a traffic ticket, an OWI or DUI offense can result in a criminal record. It also carries serious penalties. The courts can sentence people to incarceration, order them to pay large fines and suspend their driving privileges.
Many OWI offenses result in misdemeanor charges. However, sometimes Indiana state prosecutors can bring felony OWI charges against those accused of impaired driving. When can prosecutors justify felony charges for a drunk driving offense?
1. When the driver has a prior conviction
Recent OWI convictions can worsen the charges brought for subsequent offenses. Anyone with an OWI conviction from within the last seven years could face felony charges for subsequent offenses.
The state can also pursue felony OWI charges against individuals who have prior convictions for OWIs that resulted in serious injury or death, regardless of how much time has passed.
2. When there is a minor in the vehicle
State statutes also allow prosecutors to bring felony OWI charges against drivers who endanger young people. Anyone arrested for a DUI offense with a passenger under the age of 18 in the vehicle is at risk of felony charges.
3. When the driver causes injury
In scenarios where motorists who have elevated blood alcohol concentrations (BACs) cause crashes that lead to death or serious injury, the state can pursue felony charges against them.
For many drivers, even an initial misdemeanor OWI/DUI offense warrants an assertive defense strategy. Discussing the circumstances leading to a drunk driving charge can help a driver explore different defense options.